by the law. terry versus ohio you are allowed to pat down if you believe there is contraband but this was egregious. it was done on a public highway in front of motorists driving by and another family member. >> gregg: that is the part i don't get. we're not talking about a gun, a dangerous instrument. at best we're talking about a small marijuana cigarette, what happened here justify it? >> i think it could. let me say why. vicky lays out the law but here is what going to argue. police have a right to detect and deter criminality. number two, what do people, they secrete things, they hide things. i have to build up my argument. more over than that, what happens here the stop number one was predicated upon probable cause. it was something they saw that was thrown out the window. then they smell marijuana. so the officer would be justified to attempt to find that marijuana. finally, what what would be saying if they pulled out a bag of marijuana or something else. we would be arguing something far different and thank goodness the police are thorough when you the do their job.
